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Freedom of Information

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The act

The Municipal Freedom of Information and Protection of Privacy Act provides a right to access records held by the City of Oshawa. The right to access records is subject to limited and specific exemptions. The right to access records includes both general records and any records that may contain your personal information. Also, the Act governs how the City may collect, retain, use, disclose and dispose of personal information which may be found within City records.

Access to general records

The first step when seeking access to City records is to contact the Branch holding the records that you need. Records are generally available, unless there are specific reasons why the information cannot be given to you. Where the records are not publicly available, a formal Freedom of Information request is required.

Access to personal information

Every person has the right to see personal information about them that the City has. A request may be made to see the records and have the information changed if a person thinks that the information contains errors or omissions. To access personal information or request a change to personal information, a formal request is required. Once the City receives your request, it will review it and advise whether the correction or addition of information has been granted. If your request has been denied, you may appeal the decision to the Information and Privacy Commissioner of Ontario.

Submitting a request

All formal requests to see general records or personal information or to change personal information must be submitted on the City's Application for Access/Correction to Records form along with the $5.00 application fee. This fee cannot be waived, or refunded.

Requests can be submitted in person to:Service Oshawa1st Floor, West Wing, City Hall50 Centre St SOshawa, ON L1H 3Z7

Once the City receives your request, it has 30 days to respond. Within this timeframe, the City will provide access to the requested records, or tell you why the requested records cannot be provided.

Fees

The Act is founded on the premise that requesters should bear at least a portion of the costs associated with responding to their request. As a result, you are required to pay the following fees mandated by the Act:

Fees

Fee

Explanation

Rate

Application Fee

Mandatory fee which must accompany each request and cannot be waived by the City

$5.00

Search Time

Time needed to search and put together City records for the request

$7.50 for each 15 minutes

Copy Fees

$0.20 for each page disclosed

Computer Programming

Where a program is required to retrieve information from a machine readable database

$15.00 for each 15 minutes

Records Preparation

Where information must be severed from records prior to release

$7.50 for each 15 minutes

CD-Rom

Where records are requested in a digital format

$10.00 per CD-Rom

Shipping Costs

As Invoiced

Other Fees

Where other fees may be incurred to respond to a request

As Invoiced

When the cost is expected to be more than $25.00, you will be provided with a Notice of Fee Estimate that will provide a line by line breakdown of the anticipated fees. When the cost is expected to be more than $100.00, a deposit equal to 50% of the anticipated cost will be required before we do any additional work associated with your request. If you feel that the anticipated fees are excessive or unaffordable, you are invited to modify the scope of your request. A Notice of Fee will be provided when the process is complete. The cost outlined in the Notice of Fee must be paid before you can see your records.

Note: All fees invoiced by the City must be paid, even where you abandon or withdraw your request. If you do not pay your invoice, the City will pursue collection activities to recover the amount owing.

Protecting your personal privacy

As well as giving access to City records, the Act also requires the City of Oshawa to protect your privacy. Personal information is collected and used by the City for very specific purposes that are identified at the time of collection. Your personal information will not be used for any other reason than identified at the time of collection, nor disclosed in any circumstance, except as permitted by the Act. If you feel your personal information has been misused or disclosed in a manner that is consistent with the Act, please contact the City's Freedom of Information Coordinator or the Information and Privacy Commissioner of Ontario.

Appealing the City's decision

Any decision issued by the City may be appealed to the Information and Privacy Commissioner of Ontario. Decisions can only be reviewed by the Commissioner's Office and must be appealed within 30 days of the decision being issued by the City. To appeal a decision of the City, please consult the information provided by the Information and Privacy Commissioner of Ontario